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Article I, Section 9

Clause 1

The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The "such persons" referred to in this clause were the slaves. It states that the states have total control over slave trade within their boundaries and that Congress could not make any laws regulating otherwise until the year 1808. Congress did possess the power to tax the slave trade, but the amount was limited to ten dollars per slave.

Clause 2

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

A writ of habeas corpus means that individuals must be brought before a court of law and told of the charges against them before they can be imprisoned. The only exception to this rule is in cases of rebellion or invasion in which public safety may be in jeopardy.

Clause 3

No bill of attainder or ex post facto law shall be passed.

Bills of attainder are legislative acts that inflict punishment without a trial and were outlawed by this clause. An ex post facto law is one that makes a previously legal action a crime after it has taken place. This clause states that you can only be punished for existing crimes and not ones that have been created after the fact.

Clause 4

No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

Congress cannot lay any direct taxes that do not reflect the population according to the most recent census.

Clause 5

No tax or duty shall be laid on articles exported from any state.

Congress is denied the power to tax any good leaving (exported by) a state. However, Congress does possess the power to tax goods imported by the states.

Clause 6

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another.

All United States ports must be treated equally by Congress when taxes are levied or commerce is regulated. State to state trade that is carried out over water cannot be taxed. No port can be granted any legal advantages over any other United Sates port.

Clause 7

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

Congress cannot allow money to leave the treasury and be spent for any purpose without first authorizing it through an act. Regular and public records must be kept of all federal income and spending.

Clause 8

No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

This clause prohibits the establishment of a nobility in the United States. Also, no person holding any public office can accept any gift, monetary compensation, office, or title of any kind from any foreign nation without the prior consent of Congress.

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© Copyright 1997 Jonathan Chin & Alan Stern